A defendant shall be punished by imprisonment for four months.

Punishment of the crime

[Criminal Power] On November 2, 2016, the Defendant was sentenced to one year and four months of imprisonment for fraud, etc. at the Incheon District Court on January 25, 2017, and the said judgment became final and conclusive on January 25, 2017.

【Criminal Facts】

On April 29, 2014, the Defendant borrowed KRW 27,00,000 on the condition that the Defendant paid KRW 744,176 per month principal and interest for 60 months from D Co., Ltd. while purchasing Crana car in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, and set up a right to collateral security at the bond price of KRW 18,90,000 in the name of the said company on the 30th of the same month.

After that, around March 2015, the Defendant borrowed KRW 7,200,000 from a bond company in the name-free on his/her own name and offered it as security and delivered the said vehicle, making it difficult for the Defendant to exercise the mortgage right of the victim E, a corporation that acquired the above loan claims.

Accordingly, the defendant concealed the car owned by the defendant and interfered with the victim's exercise of rights.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement on the preparation of the F;

1. An installment financing and an agreement of debate;

1. An automobile registration certificate, the register of automobiles;

1. Notice of assignment of claims and contract for asset transfer and takeover;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (Attachment of concurrent judgments under the latter part of Article 37 of the Criminal Act), and application of Acts and subordinate statutes of one written judgment;

1. Relevant Article 323 of the Criminal Act and Article 323 of the Criminal Act concerning the crime, the choice of imprisonment;

1. The punishment as ordered shall be determined by comprehensively taking into account the following circumstances: (a) details and the reason for the crime of sentencing in the latter part of Articles 37 and 39(1) of the Criminal Act; (b) the extent of damage; (c) whether the damage was recovered; (d) equity in the case where a judgment is rendered concurrently with the crime for which a judgment has become final and conclusive; and